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This uncomfortable and preposterous social situation is a pretty fair analogy for what passed as "Real-Time Marketing" (or RTM) on Oscars night. Oscar Mayer posted a humorous tweet about how it was trending (Oscars/Oscar--get it?), while Special K tried to achieve virality by asking people to retweet its prediction that Les Mis would win an award. Oscar Mayer received more than 700 retweets--a more than respectable number--but Special K's image received just six retweets, half from people who appear to have a relationship with the brand (and only one of whom disclosed it).
Oscar Mayer and Special K were hardly alone. I won't attempt to provide an exhaustive list of the largely ineffective social media RTM that occurred Sunday evening, but you can see more at Jay Baer's "Convince and Convert" blog, where he does a fine job furnishing examples and commentary.
The evening of the Oscars, David Armano launched a hashtag, #OscarsRTM, to discuss the night's real-time marketing. He was dismayed when the hashtag conversation became "a constant stream of snark, dismissal, critique and a never ending barrage of 'not impressed.'" David particularly objected when someone in the #OscarsRTM stream unkindly edited a photo of the U.S. Cellular "2013 Oscars Newsroom." David rose to U.S. Cellular's defense, noting "they are TRYING to provide relevant content vs. just doing straightforward advertising."
I have tremendous respect for David--he has been a thought leader leading the charge for social media for longer than most social media professionals even knew what Twitter was--but this time I think David is wrong. What U.S. Cellular did on Oscars night was not "provide relevant content;" they tweeted ads. Each tweet contained an image attempting to tie the brand to one of the Oscar-nominated films.
The problem with the social media RTM that occurred on Oscars night is the "M" in RTM. The intent of these brands was clear to everyone--not to add to the conversation or enhance others' enjoyment of the Oscars but to create value for themselves. Almost none of the brands attempted to engage others in a dialog--they instead broadcast a stream of brand messaging. Many brands tweeted their social advertising using the same #Oscars hashtag that consumers adopted for their conversations, which demonstrates how much RTM on Oscars night was less about social engagement and more about old-fashioned one-way interruption advertising.
When brands like Oreo and Tide demonstrated wit and agility with funny posts during the Super Bowl blackout, social media RTM seemed poised for growth. Just three weeks later, the pre-planned, unfunny, heavy-handed, brand-centric posts of Oscars night managed to make RTM look not like a fresh, new strategy but old, tired marketing-as-usual.
Not every brand fell into the trap of talking about themselves. Victoria's Secret participated in social media as people would, commenting about the Bond girls, complimenting Jennifer Hudson's performance and raving about Anne Hathaway's dress. Mercedes-Benz's Smart USA Twitter profile made creative use of Vine to honor the Oscar winners while inventively pimping their products. My personal favorite tweet of the evening was Chobani's, which made fun of the fact they could not get legal approval for their Oscar tweets.
He wrapped himself in a nation's fate. Like a custom smart wrap...but for the soul. Our Best Actor #Oscars t... vine.co/v/bgghz0M5IhUWhen big events occur and millions of people turn to social media to share and talk, it is understandable that brands want to be a part of that, but they have to bring something to the conversation other than their own wants and needs. If brands want to build attention and awareness using social media during international events, they should consider the following:
— Official smart USA(@smartcarusa) February 25, 2013
- Don't broadcast; spark and engage in conversation. Respect that you are part of the consumers' social channels and consumers' dialog.
- Be creative. Photoshopping a "Les Mis" French flag or a Lincoln stovetop hat to your product is not creativity--not by a long shot. As RTM grows, the bar will raise for what consumers will find worthwhile and welcome (and, conversely, the bar will lower for what they will dislike and criticize.)
- Be spontaneous. The more you plan and prep, the less surprising, unique and topical your content will be. Watch for the unexpected to occur--such as the lights going out in the Superdome--and be ready to produce something timely. True RTM happens in real time; that's why it is called "real time marketing."
- Engage emotions. Make people laugh; make them cry; give them something to think about; furnish them with something they will want to share or discuss. If you cannot do this, then maybe your brand is better saying nothing at all.
- Pay no attention to the man behind the curtain. No one wants to see how the sausage is made--they don't care how your magazine ad is produced or that your social team is standing ready to tweet marketing content. U.S. Cellular misstepped by retweeting an employee's photo of its social newsroom; it invited--and received--criticism.


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The Qur'ân, Rodwell edition [1876]; at sacred-texts.com
MECCA.--36 Verses
In the Name of God, the Compassionate, the Merciful
HA. MIM. 1 This Book is sent down 2 from God, the Mighty, the Wise!
Assuredly in the Heavens and the Earth are signs for those who believe:
And in your own creation, and in the beasts which are scattered abroad are signs to the firm in faith:
And in the succession of night and day, and in the supply which God sendeth down from the Heaven whereby He giveth life to the earth when dead, and in the change of the winds, are signs for a people of discernment.
Such are the signs of God: with truth do we recite them to thee. But in what teaching will they believe, if they reject 3 God and his signs?
Woe to every lying sinner,
Who heareth the signs of God recited to him, and then, as though he heard them not, persisteth in proud disdain! Apprise him of an afflictive punishment.
And when he becometh acquainted with any of our signs he turneth them into ridicule. These! a shameful punishment for them!
Hell is behind them! and neither their gains nor the lords whom they have adopted beside God shall avail them in the least: and theirs, a great punishment!
This is "Guidance:" and for those who disbelieve the signs of their Lord is the punishment of an afflictive torment.
It is God who hath subjected the sea to you that the ships may traverse it at his bidding, and that ye may go in quest of the gifts of his bounty, and that ye may be thankful.
And he hath subjected to you all that is in the Heavens and all that is on the Earth: all is from him. Verily, herein are signs for those who reflect.
Tell the believers to pardon those who hope not for the days of God 4 in which He purposeth to reward men according to their deeds.
He who doth that which is right, doth it to his own behoof, and whoso doth evil, doth it to his own hurt. Hereafter, to your Lord shall ye be brought back.
To the children of Israel gave we of old the Book and the Wisdom, and the gift of Prophecy, and we supplied them with good things, and privileged them above all peoples:
And we gave them clear sanctions for our behests: neither did they differ, through mutual envy, till after they had become possessed of knowledge; but thy Lord will judge between them on the day of resurrection, as to the subject of their disputes.
Afterwards we set thee over our divine law: 5 follow it then: and follow not the wishes of those who have no knowledge,
For against God shall they avail thee nothing. And in sooth, the doers of evil are one another's patrons; but the patron of them that fear Him is God himself.
This Book hath insight for mankind, and a Guidance and Mercy to a people who are firm in faith.
Deem they whose gettings are only evil, that we will deal with them as with those who believe and work righteousness, so that their lives and deaths shall be alike? Ill do they judge.
In all truth hath God created the Heavens and the Earth, that he may reward every one as he shall have wrought; and they shall not be wronged.
What thinkest thou? He who hath made a God of his passions, and whom God causeth wilfully to err, and whose ears and whose heart he hath sealed up, and over whose sight he hath placed a veil--who, after his rejection by God, shall guide such a one? Will ye not then be warned?
And they say, "There is only this our present life: we die and we live, and nought but time destroyeth us." But in this they have no knowledge: it is merely their own conceit.
And when our clear signs are recited to them, their only argument is to say, "Bring back our fathers, if ye speak the truth."
Say: God giveth you life, then causeth you to die: then will He assemble you on the day of resurrection: there is no doubt of it: but most men have not this knowledge.
And God's is the kingdom of the Heavens and of the Earth; and on the day when the Hour shall arrive, on that day shall the despisers 6 perish.
And thou shalt see every nation KNEELING: to its own book shall every nation be summoned:--"This day shall ye be repaid as ye have wrought.
This our Book will speak of you with truth: therein have we written down whatever ye have done."
As to those who have believed and wrought righteously, into his mercy shall their Lord cause them to enter. This shall be undoubted bliss!
But as to the Infidels--"Were not my signs recited to you? but ye proudly scorned them, and became a sinful people."
And when it was said, "Verily the Promise of God is truth; and as to the Hour, there is no doubt of it;" ye said, "We know not what the hour is--we conceive it a mere conceit,--we have no assurance of it."
And the evils they have wrought shall rise up into their view, and that at which they mocked shall hem them in on every side.
And it shall be said to them, "This day will we forget you as ye forgat your meeting with us this day, and your abode shall be the fire, and none shall there be to succour you:--
This, because ye received the signs of God with mockery, and this present life deceived you." On that day therefore they shall not come out from it; and they shall not be asked to win the favour of God.
Praise then be to God, Lord of the Heavens and Lord of the Earth; the Lord of the worlds!
And His be the greatness in the Heavens and on the Earth; for He is the Mighty, the Wise!
1 See Sura lxviii. p. 32.
2 Lit. the sending down, i.e. the revelation of the Book.
3 Lit. after God.
4 That is, the days of victory. In Scripture phrase, "the days of the right hand of the Most High."
5 The Arabic amri may be rendered either command or business, i.e. of religion.
6 Lit. the makers vain, i.e. vanitatis arguentes alcoranum. Mar.

subset: commoncrawl


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Swiss Institute of Bioinformatics
This service provides topology and parameters for small organic molecules compatible with the CHARMM all atoms force field, for use with CHARMM and GROMACS.
Created and maintained by the Molecular modeling group, SIB.The data are derived from the Merck Molecular ForceField (MMFF). Dihedral angle terms are taken as is, while only the harmonic part of the bond, angle and improper terms are retained. Charges are taken from MMFF. Van der Waals parameters are taken from the closest atom type in CHARMM22.
These parameters are intended for "drug design" type calculations, like docking, minimizations, rapid binding energy estimation (LIECE), etc... Deeper parameterizations are required for applications in which a very fine description of the molecule is required, (e.g. normal mode calculations...). SwissParam results can then be used as a starting point for such a procedure.
SwissParam is automatically used by SwissDock, a web server for docking small molecules to proteins.
This server is free for academic use. A CHARMm license is required for users from private companies.
If you are using SwissParam, please, cite:
V. Zoete, M. A. Cuendet, A. Grosdidier, O. Michielin, SwissParam, a Fast Force Field Generation Tool For Small Organic Molecules, J. Comput. Chem, 2011, 32(11), 2359-68. PMID: 21541964, DOI: 10.1002/jcc.21816.


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The 50 State Quarters® Program ended in 2008—its tenth year—with its final five coins.
Here's how the program worked: In 1999, the United States Mint began striking a new quarter about every ten weeks to honor one of the 50 states—that is, five new quarters every year—until the program ended. The quarters were struck in the same order as the states' "birthdays," as listed below.
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No. The appellate court may choose not to entertain argument by either the defendant or this office and will advise the parties that no argument will be permitted. The appellate court decides the vast majority of cases on the briefs and records without oral argument.
Following the submission of the case, with or without oral argument, the appellate court will issue a written opinion either affirming (upholding) the conviction or reversing (overturning) the conviction as to the guilt and punishment assessed against the defendant. Occasionally the court will only overturn the punishment assessed.
Show All Answers
A defendant has the right to appeal his case. In Texas, there are two stages of appeal in a criminal case. The first stage is to a court of appeals. For Midland County, the appellate court is the 11th Court of Appeals in Eastland. The defendant can further appeal his case to the Court of Criminal Appeals in Austin.
If the case is charged as a felony, a felony prosecutor will review the case to determine if it should be accepted for prosecution. If the case is accepted, it will be presented to a grand jury for consideration. A witness may be required to testify before the grand jury.
The grand jury will either return an indictment against the defendant or no-bill the case. If the case is indicted, the prosecution proceeds until there is a resolution of the case. A no-bill means there is not sufficient probable cause to move the case forward.
If the case is charged as a misdemeanor, the case is filed in a County Court at Law or Justice of the Peace Court. The prosecution proceeds until there is a resolution of the case.
The Court issues scheduling orders once a case is indicted. Scheduling orders tell a defendant when he needs to appear in court. It sets out any pretrial dates and potential trial dates. An Assistant District Attorney will also appear in court on those dates. Those hearings are open to the public.
Plea bargaining is a process to resolve a criminal case without a jury trial on the merits of a case. A prosecutor will evaluate the facts, circumstances, and applicable law of the case to make a determination of what punishment (i.e. sentence) to offer a defendant in return for his plea of guilty to the charge in the case. The defendant, in consultation with his lawyer, will decide whether or not to accept the plea bargain.
There are advantages to both the State and the defendant to arrive at an agreement in many cases. However, a defendant has the right to reject a plea offer and request a trial by jury. If the defendant accepts the plea bargain, the case is set for a plea hearing before the court.
A written plea agreement is signed by the defendant and the attorneys and the defendant pleads guilty. If the court approves the plea bargain, punishment is assessed in accordance with the plea bargain agreement and the defendant begins to serve his sentence. Any proposed plea agreement must be approved by the court before it is entered.
Most cases are disposed of by plea bargain agreements. There are many reasons why this process is necessary. If you are the victim and you are concerned about the recommendation in your case, contact the prosecutor assigned to the case to discuss your concerns.
The Midland County District Attorney's Office takes victims' interests very seriously. We will make every effort to satisfy your concerns.
Once a case is assigned to a prosecutor, a letter will be sent to the victim telling the victim which prosecutor is assigned to the case. The prosecutor can be called at any time to answer questions about the case. The prosecutor welcomes any victims' comments on the resolution of a case.
However, there are other factors for the prosecutor to consider and the prosecutor will make the ultimate decision about how the case is resolved. A victim may be required to testify at trial and at a pre-trial hearing, if necessary. The prosecutor will advise a witness of all that may be required of him. Please see our victims assistance page for additional information.
The decision to dismiss a pending a criminal case can be made only by a prosecutor. Prosecutors make independent professional judgments within the bounds of the policies of the District Attorney's Office as to whether a case merits prosecution.
If the prosecutor decides to file a motion to dismiss a case, the dismissal must be approved by a judge. A victim's wishes will be considered in the decision to file, try, or dismiss a prosecution. A victim's thoughts are always welcomed by the prosecutor assigned to a case.
A subpoena will be issued directing a witness to appear in court on a specific day and time for the purpose of testifying. If a witness refuses to appear after the subpoena is delivered, the prosecutor will ask that a warrant (called "an attachment") be issued for the witness's arrest and confinement in jail until the witness testifies.
Willful failure to obey a lawful order of a court, such as a subpoena, is an act of contempt for which the witness may be punished by the court. After all of that, a witness will still have to testify. A witness must testify truthfully. False testimony as to important facts while under oath in an official proceeding (such as a trial) is a very serious felony offense.
A witness may be contacted by defense attorneys or investigators working for the defense attorney to discuss the case. While a witness is free to speak about the case with anyone they chose, they are not required to do so. If a witness decides to discuss the case with the defense attorney or investigator, the prosecutor would like to have someone from our staff present during the interview.
A witness may refer the defense attorney to the prosecutor assigned to the case for any information he wants and may decline to discuss the case. If the person claims to be with law enforcement or the District Attorney's Office, please ask them to show some identification or for their telephone number to use to be sure it is a law enforcement number.
We will try to take as little of a witness's time as necessary. Contact the number on the subpoena and the trial team secretary should be able to give a date and time to come to the courthouse. Tell her any scheduling conflicts at that time. A witness may not leave the courthouse until released by the court.
In the State of Texas, a defendant can elect to have a jury or judge determine if he is guilty or innocent. If the defendant decides to have the judge make the determination, the State must agree or the trial will be by a jury.
Once a defendant has been found guilty, he must have some punishment assessed. Again, the defendant can elect to have either the judge or jury determine his punishment. Both sides can put on more evidence at that time. There are times when the State and the Defendant agree on punishment and there is no hearing.
Yes. The defendant may file a petition for writ of certiorari to the United States Supreme Court or in federal district court by filing a writ of habeas corpus. He may also file a writ of habeas corpus for relief in the Court of Criminal Appeals.
Although there are no readily available statistics compiled to answer this question, it is a fair estimate that over 90% of those convicted in contested trials will appeal their convictions, even if the sentence of the defendant was probated.
To view the judgements of John and Cynthia Warren click here:


text:
Friday, May 6, 2011
Blueberry Banana Sorbet & Whimsical Tuiles . . . (How to Make Your Own Tuile Stencils)
I am psyching up to begin another pastry class next week. This one, Pastry II, goes until the very end of June. So, besides readying my psyche, there are a number of other things I need to prepare in order to launch quickly from the house come 6:30 a.m. on Monday morning. The supplies alone can require a pack mule--notebook, binder, textbook, recipe packet, apron, neckerchief, chef's coat and pants, chef hat, digital scale, digital thermometer, and the rather awkward and weighty knife-filled case that is the unmistakable identifying mark of a culinary student in transit.
Yesterday, while sorting through my papers from last semester, I happened upon the recipe for tuile dough that I used as one small part of my "practical final" exam in my Plated Desserts I class this winter. I'd always intended to make tuiles at home and blog about them, and this seemed like a good time to finally do it.
In case you're not familiar with them, a basic tuile (pronounced tweel), which means "tile" in French, is a very thin, slightly sweet, rather bland cookie made from an exquisitely short list of ingredients--typically just butter, powdered sugar, egg whites, and flour, though additional ingredients like sliced almonds are not uncommon. A tuile's most unique characteristic is the fact that it can be shaped/curled/molded by hand while it's still very hot.
Tuiles are not really something that one can mass produce in a short period of time at home, but that's hardly a concern. They allow for so much customizing and creative interpretation, they're worth the trouble. And, best of all, they're actually a lot of fun. Do they require some planning? Kind of. If you want to make them into particular shapes, then yes, definitely, because you'll need templates. Rubber or plastic templates specifically made for tuiles can be purchased, but they're pretty costly. The templates I used are my own; I made them using thin, soft, non-toxic craft foam from Michael's craft store. I cut the designs out of the foam with an exacto knife.
The sky's the limit in terms of shapes if you're making the templates yourself. The foam sheets are very inexpensive so it's no big deal if you make a few mistakes. And, if you just want to make plain round tuiles, you won't necessarily need to use templates at all.
Tuiles make perfect serving vehicles for other dessert items. Ice cream, sherbet, sorbet, and mousse all love nestling close to tuiles. They provide the perfect crunch factor and their lack of assertive flavor works to their advantage. Case in point: What might go well with a wacky item like blueberry banana sorbet? A thick chocolate cookie? Yuck. An overwhelmingly lemony cookie? Ehh, not so much. A lovely, crunchy, sweet-but-subtle tuile? YES!
About these recipes . . .
I adapted this sorbet from pastry chef David Lebovitz's book The Perfect Scoop, including twice as much banana as the recipe called for, along with a bit more sugar and slightly more blueberries (yeah . . . I had to get rid of those speckled bananas languishing on the counter . . . again). It's a simple, casual treat, and it's even fat free. The flavor combo seems a little off the wall, but if it's good enough for David Lebovitz, well, enough said. You could make this and have it chilling in your freezer inside of half an hour if you're quick on your feet. It's easier than heck--no fussing required.
The tuile recipe is from Professional Baking, by Wayne Gisslen. That was the textbook used for my Pastry I class last autumn, my Retail Baking class a year ago, and even for my Plated Desserts I class that ended a couple of months ago. It's a pretty thorough volume. Another remarkably easy formula, it's practically impossible to screw up. And, you can make the dough ahead of time because it has to chill for at least an hour before you spread it.
Blueberry Banana Sorbet and Tuiles
(For a printable version of these recipes, click here!)
Yield: One quart of sorbet and at least two dozen average size tuiles
Equipment for sorbet:
-- food processor or blender
-- ice cream maker, or ice cream maker attachment for your mixer
-- 1 quart container in which to chill finished sorbet
Equipment for tuiles:
Food scale to measure tuile ingredients
1 or 2 Silpats (silicone pan liners) or parchment paper
1 or 2 very flat cookie sheets
1 small offset spatula
flexible tuile templates
Ingredients for sorbet:
2 and 1/2 cups frozen wild Maine blueberries (They're little, very blue, and sweet; I buy them in large bags from Costco. Of course, if you have good fresh berries on hand, don't hesitate!)
4 medium size very ripe bananas
1 and 1/4 cup granulated sugar
1 cup cold water
1 Tbsp. lemon juice
In a food processor or blender, pulse together all of the ingredients until the blueberries look almost pulverized and the mixture looks not-quite completely smooth.
Then process the mixture according to the instructions for your ice cream maker. (I used the ice cream maker attachment for my KitchenAid mixer, mixing on low speed for almost 20 minutes. Then, I put the sorbet into a container and froze it for several hours before serving. It doesn't freeze rock hard, and it scoops nicely.)
Ingredients for the tuiles:
2 and 1/2 oz. (5 and 1/3 Tbsp.) of unsweetened butter (An extra high-fat brand like Plugra is often recommended for tuiles.)
3 oz. cake flour or all purpose flour, sifted (one scant cup)
3 oz. powdered sugar, sifted (about 3/4 cup)
2 and 1/2 oz. egg whites (approximately, the whites of two or three large eggs)
In the bowl of a mixer, cream together the butter and powdered sugar; start on low speed, then increase to medium as the sugar mixes in. Add in the egg whites and flour alternately, mixing until combined. The dough should be kind of thick, sticky, and stretchy.
Scoop all of the dough into a disposable pastry bag with an un-cut tip (not critical to have a pastry bag, but helpful to do it this way!) and refrigerate it for one hour or more.
You'll trim the tip off the pastry bag right before you use the dough.
If you'd like to make decorative little designs in the tuiles after the dough has been spread on the templates, separate out a couple tablespoons of the dough before it's chilled and mix a teaspoon or two of cocoa powder into it.
Put this cocoa dough into a very small pastry bag, preferably one made of parchment paper (here's a site that shows how to make one of these; it's a foundation skill for cake decorators and pastry chefs!). It will need to have a tiny opening tip that you will trim with scissors right before you're ready to use the dough.
Once the dough has chilled sufficiently and you're getting ready to bake, preheat the oven to 325.
Take a perfectly flat cookie sheet without sides (or use the back of a cookie sheet with sides), and place your Silpat or parchment sheet over it. This process is stress free if done on a Silpat type of pan liner, just fyi. If you're using parchment, it should be cut to fit the cookie sheet without overlapping the sides.
Place your tuile template over the Silpat/parchment. Cut the tip off of the filled pastry bag, about an inch up from the point. Squeeze a plump line of dough onto each template shape you'll be using.
With the offset spatula, carefully spread the dough smoothly into each cut-out. You may need to hold the template sheet in place with one hand if you're doing this on parchment.
If you want to add decorative designs in the dough with the cocoa dough, do it now. Cut the tip of the parchment cone with the cocoa dough in it and create any designs you like, just squeezing a tiny line onto the plain dough.
When all the shapes you're using have been filled, gently lift the edge of the template and peel it off.
Bake the tuiles for approximately 6-7 minutes,just until they begin to get lightly golden. They bake quickly and burn easily; keep a close eye on them.
Using the offset spatula, carefully lift each piece, working with just one at a time, and mold it quickly with your hands or press it over a form (like a small, upside-down drinking glass) to make it into a bowl shape. It will be quite hot so use care. If a tuile cools into a shape you didn't intend, you can put it back in the oven to soften it and try again. The tuiles will start to harden within about 15 seconds, so you don't have any time to fool around once you start doing this. Store the finished tuiles away from moisture.
(If you'd like to comment on this post, or to read any existing comments, please click the purple COMMENTS below!)
19 comments:
- Betty @ scrambled henfruit said...
I'm going out tomorrow to buy an ice cream maker- I've been tempted this week by too many lovely sorbets not to. Your tuiles are the most beautiful ones I've seen, and they really complement the sorbet nicely. I love the combination of blueberries and bananas. :)
- May 6, 2011 at 10:13 PM
- Jane said...
Hi Betty,
Oh, you won't regret getting your ice cream maker! It really is a fun piece of equipment to have around. Thank you so much for that sweet comment about my tuiles! :) I was surprised to see the combo of bananas and blueberries in David Lebovitz's book, but it's not bad!
Thanks again,
Jane :) - May 6, 2011 at 10:17 PM
Awesome recipe!!
- May 7, 2011 at 3:40 AM
- Nisrine said...
What a gorgeous color in this ice cream and the uiles, well, they're adorable!
- May 7, 2011 at 7:18 AM
- Audrey said...
Nope, not sure about the sorbet flavor, but the tuiles are gorgeous!!!
- May 7, 2011 at 9:05 AM
These are so beautiful, Jane. So pretty - the colour and all the lovely shapes. I've never made tuilles before, but after reading this from you, I'm both inspired and intrigued, and definitely want to try to make my own tuilles, although I doubt they'll come out as wonderful as these beauties have on my first time 'round.
That's brilliant about the next semester starting up this Monday. Wish I was attending classes with you - it's so great that you're doing these classes. Judging from all the great sweets and pastries you've made and blogged about here, you'll ace every single assignment and test you're given. It truly must be the best homework one could ever wish to have to do. - May 7, 2011 at 12:51 PM
- Lisa said...
I just saw that recipe in The Perfect Scoop. Now I know it's a good one from looking at your pics. Your tuiles are also gorgeous. I have a sweet treat linky party going on at my blog and I'd like to invite you to stop by and link your sorbet up. http://sweet-as-sugar-cookies.blogspot.com/2011/05/sweets-for-saturday-16.html
- May 7, 2011 at 12:59 PM
- ~~louise~~ said...
I am absolutely in awe of your tenacity, patience and sheer love of baking, Jane. Thank goodness I have you to visit for inspiration.
I have never seen such lovely tuiles and that sorbet, my heavens!!!
Thank you so much for sharing. Have FUN @ class!!! - May 7, 2011 at 10:05 PM
- Chelsea said...
These are so beautiful. I wish I had your skill and patience. Wow, just gorgeous.
- May 8, 2011 at 1:08 AM
- Shumaila said...
So pretty! Love the tuiles!
- May 8, 2011 at 10:12 AM
- Paula said...
What a fabulous tutorial and what patience you have to have created all these lovely Tuiles. That blueberry banana sorbet looks delicious too!
- May 8, 2011 at 4:14 PM
- Beth said...
What gorgeous tuiles! That makes a lovely dessert.
- May 8, 2011 at 8:50 PM
- SweetSavoryPlanet said...
The Blueberry sorbet looks fantastic. the tuiles are a lovely touch.
- May 8, 2011 at 11:52 PM
- kitchen flavours said...
Oh my! What a delicious looking ice cream. I have DL's book, but have not made this yet! And your Tuiles, they are fabulous!
- May 10, 2011 at 7:07 AM
- une cuillère pour les délices said...
Ouah ton sorbet est magnifique! J'adore tes photos, un grand bravo pour ton blog! :)
Bonne soirée - May 10, 2011 at 3:27 PM
- Aveen said...
I go to pastry school once a week and can totally identify with the huge amounts of kit you have to drag around with you... I drive almost door to door and it's still a pain.
I loved your tuiles so much that I stole your idea for an assessment last week and the teacher loved them, so thank you so much for this post because you helped me get a good grade :) The sorbet looks amazing too. - May 17, 2011 at 1:44 AM
- Unknown said...
Hi Jane, thank you for your post. I've just tried to make tuiles today - following a recipe that I read on a magazine. My tuiles turned out to be too thick and I couldn't roll them. When I read your post, I immediately knew what was wrong: I didn't use templates! If I read your post earlier, I wouldn't make the same mistake. Thanks again :)
- February 4, 2013 at 6:08 AM
- Jane said...
Hi Kelly,
Thanks so much for letting me know. I appreciate it!
Jane :) - February 8, 2013 at 3:32 PM
- Unknown said...
Merci pour l'article. Où est-ce que je peux acheter des tuiles à Montréal? J'aimerais bien savoir.
- October 1, 2013 at 8:24 PM


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My son shows keen interest in explaining what he's learnt in simple mechanics. His knowledge now goes beyond text books. Creya has helped my child expand his thinking. I have recommended Creya to my friends so their student can have a bright future.
All my three student attended Creya programs, after which I noticed an improvement in their self-confidence. They ask relevant questions and seek answers on their own. Creya is a very innovative and different concept.
I am extremely happy. I see an improvement in my daughter�s ability to understand different subjects. I have recommended Creya to my friends so their children can have a bright future too.
The best thing about Creya class is you work in teams,make videos, present it to the class and learn a lot of new things from your classmates. It's a wonderful experience.
Our regular school classroom is basically just reading from the text books and remembering. The learning at Creya is more practical and enjoyable, so you understand everything you study and build self-confidence.


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JACKSON, Miss. – JACKSON, Miss. (AP) — The ambitious Republican governors of Mississippi and Louisiana are a study in contrasts as an oil spill threatens coastal economies still reeling from Hurricane Katrina.
Mississippi's Haley Barbour, a well-connected former Washington lobbyist, has calmly said the oil slick looming offshore is just a sheen in most places and there's no reason for people to panic.
Louisiana's Bobby Jindal, meanwhile, has questioned oil giant BP PLC's response capability and the federal government's plans to clean up crude spewing from a well blown out by an offshore oil rig explosion April 20. He activated the Louisiana National Guard and called on coastal parish leaders to draw up their own response plans after saying he couldn't get answers from BP or the Coast Guard.
Both governors are considered possible 2012 presidential candidates, and their responses to the spill may say more about where they've been than where they hope to end up.
Jindal's predecessor was Kathleen Blanco, a Democrat who chose not to run for re-election after she was heavily criticized for appearing indecisive when Katrina struck in August 2005. Jindal was in Congress at the time.
"This oil literally threatens our way of life," Jindal said. "Here in Louisiana, we're going to do everything we can do. We're going to do what it takes to protect our way of life."
Barbour, 62, is a second-term governor who was in office during Katrina and was widely praised for his response to the storm. He's now chairman of the Republican Governors Association. Barbour has said the oil spill is "not Armageddon," but he believes news coverage has hurt tourism in his state.
"Come on down here and play golf, enjoy the beach, catch a fish and pay a little sales tax while you're here," Barbour said Wednesday during a televised news conference in Biloxi, Miss.
While Barbour downplays the possibility of a 2012 presidential run, he hasn't dismissed it. Jindal, 38, says he's only running for a second term as governor in 2011, not president, but the son of Indian immigrants is considered a sharp politician with a national future as his party seeks to diversify its public image.
In Mississippi, Barbour has been juggling oil-spill briefings with his response to two consecutive weekends of severe weather, starting with a deadly April 24 tornado that cut a 149-mile swath through his state.
He told The Associated Press the oil spill could be disastrous for Mississippi's coastal economy. Then he added: "But it's just as possible that what happens here will be manageable and of moderate and even minimal impact."
Oil has not started washing up on shore in any large quantities, and Barbour likened much of the spill to the gasoline sheen commonly found around ski boats.
"We don't wash our face in it, but it doesn't stop us from jumping off the boat to ski," Barbour said.
While Jindal was initially slow to criticize and publicly react to the Gulf oil well blowout, he quickly stepped up his rhetoric and toughened his response as the spill worsened and fears grew about the potential damage to fragile wetlands and coastal fishing industries.
He has handled it much like he would a hurricane, holding regular news conferences with rapid-fire lists of state response efforts and weather forecasts. Such responses are a clear bid to bolster his image as the take-charge, disaster-fighting governor and escape the criticism that plagued his predecessor, who was seen as unfocused and overwhelmed after Katrina.
Both approaches have received praise. Mississippi's Democratic speaker of the House, Billy McCoy, frequently clashes with Barbour but said he respects the governor's handling of disasters.
"He knows what he's doing," McCoy said. "He moves in a hurry and makes a difference."
Bob Mann, who led Blanco's communications strategy during Katrina, said Jindal appears to be aggressively responding to the spill.
"I looked really hard to try to find something to criticize and honestly I can't," said Mann, now a Louisiana State University professor. "Based on what he knew and what we all knew at the time, what more could he have done?"
That was echoed by Jerome Moore, a roofer sitting outside a Baton Rouge seafood restaurant.
"He can't go down there and close it himself," Moore said.
But both responses to the spill also have their critics.
Louisiana state Rep. Juan LaFonta, a New Orleans Democrat running for Congress and a frequent Jindal critic, complains Jindal was too slow to declare a state of emergency. The declaration came nine days after the Deepwater Horizon rig exploded. Early estimates of how much oil was leaking were much lower than the current 200,000-plus gallons a day.
"Because of Gov. Jindal's slow response, we are now behind the curve," LaFonta said. He added: "You're talking to a veteran of Katrina. I saw what a lackluster response did last time."
Louie Miller, executive director of the Mississippi Sierra Club, said Barbour's response shows he is an apologist for petroleum interests.
"I don't think we need to underestimate his sympathy toward that industry and his allegiance to that industry," Miller said. "He's apologizing for this and trying to downplay it, and I think that's unfortunate."
Barbour said BP, which was operating the rig and is responsible for the cleanup, was not a client of the Washington lobbying firm he helped found — previously called Barbour Griffith and Rogers but now shortened to BGR.
Since Barbour became head of the Republican Governors Association last June, records show oil companies have contributed $51,350 to RGA. Shell Oil provided the largest portion of that, $50,000. BP America gave $450.
Records show BP America gave RGA $10,000 in 2003, the first year Barbour ran for Mississippi governor. It's not possible to trace that donation directly to Barbour, but his campaign received about $2 million from RGA in 2003.
A review of Jindal's state campaign finance records from 2005 to 2009 showed no donations from BP. Jindal was elected to Congress in 2004 and 2006, and federal records show his campaign received $1,000 from BP's political action committee in 2006.
As governors, Barbour and Jindal have little influence over oil drilling in federal waters off their shores, but both have long supported it.
Deslatte reported from Baton Rouge, La. AP writer Sonia Smith contributed from Baton Rouge.


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How would I go about creating a menu system with fonts in WebGL? I want to make a dungeon crawler and will need a menu for inventory and stats for the weapons. I can draw a world made out of blocks ok but I'm not quite sure how to do this.
I think I need to use the matrix that glortho applies to the matrix stack. And I get the feeling I need to some how create my own font because it doesn't sound like any are available to me.
Any help with how I would go about doing this would be appreciated.


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Subscribe to Cases that cite 142 U. S. 241U.S. Supreme Court
Deseret Salt Co. v. Tarpey, 142 U.S. 241 (1891)
Deseret Salt Company v. Tarpey
No. 96
Argued and Submitted November 24, 1891
Decided December 21, 1891
The grant of public land to the Central Pacific Railroad Company by the Acts of July 1, 1862, 12 Stat. 489, c. 120, and July 2, 1864, 13 Stat. 356, c. 216, was a grant in praesenti, and the legal title to the granted land, as distinguished from merely equitable or inchoate interests, passed when the identification of a granted section became so far complete as to authorize the grantee to take possession.
Rutherford v. Greene, 2 Wheat. 196, cited and followed.
Patents were issued not for the purpose of transferring title, but as evidence that the grantee had complied with the conditions of the grant, and that the grant was to that extent relieved from the possibility of forfeiture for breach of its conditions.
Wisconsin Central Railroad Co. v. Price County, 133 U. S. 496, 133 U. S. 510, approved.
The provision in the statute requiring the cost of surveying, selecting, and conveying the land to be paid into the Treasury before a patent could issue, does not impair the force of the operative words of transfer in it.
The railroad company could maintain an action for the possession of land so granted before the issue of a patent, and could transfer its title thereto by lease, so as to enable its lessee to maintain such an action.
The Court stated the case as follows:
This is an action of ejectment by D. P. Tarpey, the plaintiff below, against the Deseret Salt Company, a corporation created under the laws of Utah, for certain parcels of land in that territory, described in the complaint as the
"northwest quarter of fractional section nine, (9), in township eleven (11)
north, range nine (9) west, Salt Lake base and meridian, and the northeast quarter and the southwest quarter of said section, in part covered with water; in all, three hundred and eighty acres, more or less."
The greater part of these lands lie on the border of Great Salt Lake, a body of water in that territory of nearly ninety miles in extent, and in breadth varying from twenty to thirty miles, which holds in solution a large quantity of common salt. The remaining lands in the section are covered by the lake. In 1875, one Barnes took possession of a portion of these lands and began the construction of improvements and the erection of machinery to raise the water of the lake and conduct it into ponds or excavations, partly natural and partly made by him, for the purpose of evaporating the water by exposing it to the sun, and thus producing salt. He commenced manufacturing salt in this way in 1876 or 1877, and continued in the business until September, 1883, when he sold and transferred the lands and improvements to the defendant, the Deseret Salt Company, which at once went into possession and continued in the manufacture. The plaintiff derives his title from the Central Pacific Railroad Company, a corporation of California, to which a grant of land was made by the Act of Congress of July 1, 1862, embracing the premises in controversy. A greater part of its lands, lying in Utah, was leased by the company to the plaintiff on the 7th of August, 1885, for five years, for the annual rent of $5,000 and in consideration of certain covenants in relation to the property which he undertook to perform. By one of these covenants, he stipulated to begin to reduce the premises to possession, and to continue in that effort until he should be in the actual possession of the whole, and for that purpose to commence and prosecute any necessary or proper actions at law or other legal proceedings. This lease covered the premises in controversy. On the 20th of October, 1868, the map of the definite location of the line of the railroad of the company to be constructed under the above grant was filed in the Interior Department, and accepted as required by the act of Congress. chanrobles.com-red
The premises in controversy constitute an alternate section of the land within ten miles of the road, and its east, west, and north lines were surveyed by the United States in 1871. Its southern line, lying in the lake, had not been run. The selection list of lands for patent by the company, filed in the land office at Salt Lake City, which was produced in evidence, included the surveyed lands of the section and showed that the costs of selecting, surveying, and conveying them had been paid. There was no evidence of any application for any other lands in the section, and no costs were paid or tendered for their selection, survey, and conveyance. The plaintiff also proved the incorporation in June, 1861, of the Central Pacific Railroad Company of California; its amalgamation and consolidation in June, 1870, with the Western Pacific Railroad Company, and, in August, 1870, with the California and Oregon Railroad Company, the San Francisco, Oakland and Alameda Railroad Company, and the San Joaquin Valley Railroad Company. In the different articles of amalgamation, a conveyance was made by the parties of their several interests to the new amalgamated company, as follows:
"And the said several parties, each for itself, hereby sells, assigns, transfers, grants, bargains, releases, and conveys to the said new and consolidated company and corporation, its successors and assigns, forever, all its property, real, personal, and mixed, of every kind and description."
These instruments were all properly recorded. The court informed the jury of the general nature of the grant to the company by the Act of Congress of July 1, 1862, and the amendatory Act of July 2, 1864, and instructed them substantially that the line of the road which the company was to construct under the grant became definitely fixed upon its filing with the Department of the Interior its map of definite location designating the general route of the road, and that thereupon the beneficial interest in the land vested in the company by relation back to the date of the act of Congress, and that, as it was agreed that the lands in controversy were a portion of an odd alternate section within the twenty-mile limit of the grant, they passed to and vested in the company chanrobles.com-red
at the time of the filing of that map, unless they had been previously sold, reserved, or otherwise disposed of by the United States, or a preemption, homestead, swamp land, or other lawful claim had attached to them or they were known to be mineral lands or were returned as such, and further, that the lease bearing date the 7th day of August, 1885, from that company to the plaintiff, for five years from the 1st day of January, 1886, gave to him the right of immediate possession of the lands unless they were within some of the exceptions of the grant. The defendant company denied that the title to the lands in controversy had passed to the Central Pacific Railroad Company, the lessor of the plaintiff, and requested the court to instruct the jury that the plaintiff had not shown any grant or conveyance by deed or other written instrument sufficient to invest him with title to the lands. This instruction was refused, and the defendant excepted. The jury returned a verdict in favor of the plaintiff for the possession of the lands described in the complaint and for $500 for their use and occupation. Judgment being entered thereon, the case was carried to the supreme court of the territory and there affirmed. From the judgment of the latter court, the case is brought here on a writ of error. chanrobles.com-red
MR. JUSTICE FIELD, after stating the facts as above, delivered the opinion of the Court.
The only questions which appear in this case to have elicited much discussion in the court below relate to the title of the Central Pacific Railroad Company to the lands granted by the Acts of Congress of July 1, 1862, and July 2, 1864, upon the filing of a map of the definite location of its contemplated road with the Secretary of the Interior and its acceptance by him. Was it sufficient to enable the lessee of the company to maintain an action for the possession of the demanded premises? The lessee can, of course, as against a stranger, have no greater right of possession than his lessor. On the one hand, it is contended with much earnestness that upon the filing of the map of definite location of the proposed road and its acceptance by the Secretary of the Interior, a legal title vested in the grantee to the alternate odd sections, subject to various conditions, upon a breach of which the title may be forfeited, but that until then, their possession may be enforced by the grantee. On the other hand, it is insisted with equal energy chanrobles.com-red
that the grant gives only a promise of a title when the work contemplated is completed, and that until then, possession of the lands cannot be claimed. An examination of the granting act and the ascertainment thereby of the intention of Congress, so far as practicable, will alone enable us to give a satisfactory solution to these positions.
The Act of Congress of July 1, 1862, 12 Stat. 489, c. 120, provides for the incorporation of the union Pacific Railroad Company, and makes a grant of land to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean. Its provisions, grants, and obligations specially relate in terms to that company, but other railroad companies are embraced within the objects of the act, and the clauses mentioning and referring to the union Pacific Railroad Company are made applicable to them. Thus, by the ninth section, the Central Pacific Railroad Company of California was authorized to construct a railroad and telegraph line from the Pacific Coast at or near San Francisco, or the navigable waters of the Sacramento River, to the eastern boundary of California, "upon the same terms and conditions in all respects" as were provided for the construction of the railroad and telegraph line of the Union Pacific. And by the tenth section of the act, that company, after completing its road across California, was authorized to continue the construction of its road and telegraph line through the territories of the United States to the Missouri River on the terms and conditions provided in the act in relation to the union Pacific Railroad Company, or until its road should meet and connect with the road of that company. An equal grant of land and of like extent and upon like conditions was made to the Central Pacific Railroad Company of California as was in terms made to the Union Pacific Railroad Company. By the same law, the rights and obligations of both must be determined. By the third section, the grant was made. Its language is
"that there be and is hereby granted, to the said company, for the purpose of aiding in the construction of said railroad and telegraph line, and to secure the safe and speedy
transportation of the mails, troops, munitions of war, and public stores thereon, every alternate section of public land designated by odd numbers to the amount of five alternate sections per mile on each side of said railroad, on the line thereof, and within the limits of ten miles on each side of said road, not sold, reserved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached at the time the line of said road is definitely fixed, provided that all mineral lands shall be excepted from the operation of this act; but where the same shall contain timber, the timber thereon is hereby granted to said company."
The Act of July 2, 1864, 13 Stat. 356, 357, c. 216, enlarged the amount of the grant to ten alternate sections on each side of the road. By the fourth section, as amended by section 6 of the act of 1864, it was enacted
"that whenever said company shall have completed not less than twenty consecutive miles of any portion of said railroad and telegraph line, ready for the service contemplated by this act and supplied with all necessary drains, culverts, viaducts, crossings, sidings, bridges, turn-outs, watering places, depots, equipments, furniture, and all other appurtenances of a first-class railroad, the rails and all the other iron used in the construction and equipment of said road to be American manufacture of the best quality, the President of the United States shall appoint three commissioners to examine the same and report to him in relation thereto, and if it shall appear to him that not less than twenty consecutive miles of said railroad and telegraph line have been completed and equipped in all respects as required by this act, then, upon certificate of said commissioners to that effect, patents shall issue, conveying the right and title to said lands to said company, on each side of the road as far as the same is completed, to the amount aforesaid, and patents shall in like manner issue as each twenty miles of said railroad and telegraph line are completed, upon certificate of said commissioners."
By the terms of the act making the grant, the contention of the defendant is not supported. Those terms import the transfer of a present title, not one to be made in the future. They are that "there be and is hereby granted" to the chanrobles.com-red
company every alternate section of the lands. No partial or limited interest is designated, but the lands themselves are granted, as they are described by the sections mentioned. Whatever interest the United States possessed in the lands was covered by those terms unless they were qualified by subsequent provisions -- a position to be presently considered. In a great number of cases, grants containing similar terms have been before this Court for consideration. They have always received the same construction -- that unless the terms are restricted by other clauses, they import a grant in praesenti, carrying at once the interest of the grant or in the lands described. @ 88 U. S. 507, referring to the different acts of Congress making grants to aid in the construction of railroads, we stated that they were similar in their general provisions, and had been before this Court for consideration at different times, and of the title they passe, we said:
"The title conferred was a present one, so as to insure the donation for the construction of the road proposed against any revocation by Congress except for nonperformance of the work within the period designated, accompanied, however, with such restrictions upon the use and disposal of the lands as to prevent their diversion from the purposes of the grant."
As the sections granted were to be within a certain distance on each side of the line of the contemplated railroad, they could not be located until the line of the road was fixed. The grant was therefore in the nature of a "float;" but when the route of the road was definitely fixed, the sections granted became susceptible of identification and the title then attached as of the date of the grant, except as to such parcels as had been in the meantime under its provisions appropriated to other purposes. That doctrine is very clearly stated in the Leavenworth case cited above, where the language of the grant was identical with that of the one under consideration, and the Court said: chanrobles.com-red
"'There be and is hereby granted' are words of absolute donation, and import a grant in praesenti. This Court has held that they can have no other meaning, and the Land Department, on this interpretation of them, has uniformly administered every previous similar grant. They vest a present title in the State of Kansas [the grantee named], though a survey of the lands and a location of the road are necessary to give precision to it and attach it to any particular tract. The grant then becomes certain, and, by relation, has the same effect upon the selected parcels as if it had specifically described them."
The terms used in the granting clause of the act of Congress, and the interpretation thus given to them, exclude the idea that they are to be treated as words of contract or promise, rather than, as they naturally import, as words indicating an immediate transfer of interest. The title transferred is a legal title, as distinguished from an equitable or inchoate interest.
The case of Rutherford v. Greene's Heirs, 2 Wheat. 196, well illustrates the nature of the title. In 1782, the State of North Carolina passed an act providing "that twenty-five thousand acres of land shall be allotted for and given to Major General Nathaniel Greene" within the bounds of a tract reserved for the use of the army, to be laid off by commissioners designated in the act, as a mark of the high sense the state entertained of the extraordinary services of that brave and gallant officer. The commissioners allotted the 25,000 acres, and in 1783 caused a survey of them to be made and returned to the proper office. One Rutherford claimed under a subsequent entry five thousand acres of the tract, and instituted a suit to establish his claim. The case turned upon the validity of Greene's title and the date at which it commenced. It was contended by Rutherford's counsel that the words of the act gave nothing; that they were in the future, and not in the present, tense, and indicated an intention to give in future, but created no present obligation on the state, nor present interest in General Greene. But the Court, speaking by Chief Justice Marshall, answered chanrobles.com-red
that it thought differently; that the words were words of absolute donation, not indeed of any specific land, but of 25,000 acres in the territory reserved for the officers and soldiers; that, as the act of setting apart that quantity to General Greene was to be performed in the future, the words directing it were necessarily in the future tense, but that nothing could be more apparent than the intention of the legislature to order the commissioners to make the allotment, and to give the land, when allotted, to General Greene. And the Court held that the general gift of 25,000 acres, lying in the reserved territory, became by the survey a particular gift of that quantity contained in the survey, and concluded an elaborate examination of the title by stating that it was clearly and unanimously of the opinion that the act of 1782 vested a title in General Greene to 25,000 acres of land, to be laid off within the bounds allotted to the officers and soldiers, and that the survey made and returned in pursuance of that act gave precision to that title, and attached it to the land surveyed. It would therefore seem clear that the title which passed under the act of Congress by the grant of the odd sections became by their identification so far complete as to authorize the grantee to take possession and make use of the lands, and in the exercise of that authority the grantee took possession, from time to time, as the lands became identified by the location of the line of the road, and made sales of parcels of the lands, and executed mortgages on other parcels with sections of the road constructed, for the purpose of raising money to meet expenses already incurred, and which might thereafter be required for the completion of the road, and such mortgages were authorized by Congress.
But it is contended that the natural import of the granting terms of the act is qualified and restricted by its fourth section, which, as amended by the act of 1864, provides that upon the completion of not less than twenty consecutive miles of the road and telegraph line in the manner required, and their acceptance by the President upon the report of commissioners appointed to examine the work, patents shall issue to the chanrobles.com-red
company conveying the right and title to said lands on each side of the road as far as the same is completed. The question naturally arises as to the necessity for patents if the title passed by the act itself upon the definite location of the road, when the alternate sections granted had become identified. We answer that objection by saying that there are many reasons why the issue of the patents would be of great service to the patentees, and by repeating substantially what we said on that subject in Wisconsin Railroad Co. v. Price County, 133 U. S. 496, 133 U. S. 510. While not essential to transfer the legal right, the patents would be evidence that the grantee had complied with the conditions of the grant, and to that extent that the grant was relieved from the possibility of forfeiture for breach of its conditions. They would serve to identify the lands as coterminous with the road completed. They would obviate the necessity of any other evidence of the grantee's right to the lands, and they would be evidence that the lands were subject to the disposal of the railroad company, with the consent of the government. They would thus be, in the grantee's hands, deeds of further assurance of his title, and therefore a source of quiet and peace to him in its possession. There are many instances in the Reports, as there stated, where patents have been required and issued, although the title of the patentee had been previously recognized and confirmed. @ 88 U. S. 529, is an instance of that kind. In that case, there had been a previous confirmation to the heirs of one Tongas of a claim to a tract of land in the French and Canadian settlement of St. Vincents in the Northwestern Territory, conveyed by Virginia to the United States in 1793. This claim was confirmed by commissioners appointed by Congress under the act of 1804, and their decision was confirmed by the Act of Congress of March 3, 1807, but no patent, for which this last act provided upon a location and survey of the claim, was issued for the tract at that time. One was, however, issued for it in 1872 upon a survey made in 1820, and the question was whether a new title was acquired by that patent, or whether the old title was good from the confirmation. It was held that the old title was good from the chanrobles.com-red
confirmation if the claim was to a tract of defined boundaries, or capable of identification; but if the claim was to quantity, and not to a specific tract, the title became perfect when the quantity was segregated by the survey of 1820, and to explain the subsequent issue of a patent in 1872, this Court said:
"In the legislation of Congress, a patent has a double operation. It is a conveyance by the government when the government has any interest to convey, but where it is issued upon the confirmation of a claim of a previously existing title, it is documentary evidence, having the dignity of a record, of the existence of that title or of such equities respecting the claim as justify its recognition and confirmation. The instrument is not the less efficacious as evidence of previously existing rights because it also embodies words of release or transfer from the government."
While a legal title to the sections designated, as distinguished from a merely equitable or inchoate interest, passed to the railroad company by the act of Congress, upon the definite line of the road being once established, by which the sections could be ascertained and identified, the lands could not be disposed of by the company without the consent of Congress, except as each twenty-mile section of the road was completed and accepted by the President, so as to cut off the right of the United States to compel the application of the lands to the purposes for which they were granted or to prevent their forfeiture in case of the company's failure to perform the conditions of the grant. The lands were granted to aid in the construction of the railroad and telegraph line, and it is manifest from different provisions of the act that Congress intended to secure this application of them. Whatever disposition might be made by the company of the lands after they became, by the definite location of the road, capable of identification, they were subject to the control of Congress either to compel their application for the construction of the road contemplated or to enforce their forfeiture if the road was not completed as required by the act. The application of the lands to the construction would not of itself operate to transfer the title; it would only remove the restriction upon the use and disposition of the title already possessed. chanrobles.com-red
But it is unnecessary to consider what power of disposition the company would possess in advance of the construction of the road, for that road was entirely completed years before the execution of the lease to the plaintiff in this case in August, 1885.
It is also urged that the title of the government to the lands in controversy was retained until the cost of selecting, surveying, and conveying the whole of them was paid. In support of this position, the twenty-first section of the Act of July 2, 1864, is referred to, which provides that before any land granted by the act shall be conveyed to any company or party entitled thereto, there shall first be paid into the Treasury of the United States the cost of surveying, selecting, and conveying the same. The object of this provision was to preserve to the government such control over the property granted as to enable it to enforce the payment of these costs, and for that purpose to withhold its patents from the parties entitled to them until such payment. The act of 1862, in its fourth section, as amended in 1864, speaks of patents issuing "conveying the right and title" to the lands upon the completion of every section of not less than twenty miles, to the satisfaction of the President, and the twenty-first section of the act of 1864 only directs the withholding of these evidences of the transfer of title until payment is made for the selection, survey, and conveyance of the land. Neither the issue of the patents nor any sale for taxes by state authority is permitted until such payment, thereby preserving unimpaired the lien contemplated. We do not think the provision was designed to impair the force of the operative words of transfer in the grants of the United States or invalidate the numerous conveyances by sale and mortgage of the lands made by the railroad company with the express or implied assent of the government. Besides, in this case, the exterior limits of the section containing the lands in controversy, which are above the waters of the lake, were surveyed in 1871, and the costs of selecting, surveying, and conveying the legal subdivisions as described by that survey were paid at the time of selection by the chanrobles.com-red
company. The lines of the lands under the water have not been run, but are easily traceable by reference to the lines actually surveyed. The possession of the lands under the lake appears to have always accompanied the possession of the lands on its border. No contest was made against their recovery if a right of possession was shown to the border lands. From the view of the interest conveyed by the grant which we have expressed, we are satisfied that the company could maintain an action for the possession of the premises in controversy, and that its lessee, the plaintiff herein, was possessed of the same right. The judgment must therefore be


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4102.0 - Australian Social Trends, 2000
ARCHIVED ISSUE Released at 11:30 AM (CANBERRA TIME) 04/07/2000
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Living Arrangements: People without partners
Recent decades have seen young people defer marriage to increasingly older ages. At the same time there has been an increase in the divorce rate. Consistent with these trends, and with the ageing of the population, there has been an increase in people living alone and in one-parent families. These factors have contributed to an increase in the number and proportion of the adult population who do not have a partner. In 1996, 4.4 million people, 37% of the adult population, were living without partners, up from 33% in 1986. If such trends continue, they will have an impact on the housing market and the provision of home health care. They could also affect the well-being of the population, because many people without partners live by themselves, increasing their risk of social isolation (see Australian Social Trends 1999, Spending time alone). Age and sex pattern The likelihood of a person having a partner changes across the life course, with a similar overall pattern by age observed in 1986 and 1996. In the youngest age group, 18-24 years, most people were without a partner, but beyond that age people without partners were in the minority. The proportion who were without a partner was lowest in age groups in the range 35-54 years. The proportion increased again in older age groups which include many widowed people. The proportion without a partner was higher for men than women in age groups under 35 years, partly reflecting the tendency for men to marry at older ages than women (and hence to be somewhat older than their partners). In the oldest age groups, a greater proportion of women than men were without partners, due to the longer life expectancy of women and the fact that their male partners are on average somewhat older. Between 1986 and 1996 the proportion of people without partners increased in each age group under 55 years, for both sexes. However in older age groups it increased among men but decreased among women. This may partly be because the difference in life expectancy between males and females has decreased, particularly at older ages (see Australian Social Trends 2000, Health: national summary table).
Marital status In 1996 there were about 1.3 million people aged 18-24 years who had never been married. They made up 30% of all people without partners. Another relatively large group were widows aged 65 years and over (about 0.5 million, 10% of all people without partners). These groups strongly influenced the marital status pattern of people without partners. Of all people without partners, 71% of men and 48% of women had never been married. Almost 25% of all women without partners were widows, compared to 6% of all men. In the youngest age group, almost all of both men and women without partners had never been married. In the age group 25-34 years this was true of 74% of women and 87% of men. From age 35 years for women and 45 years for men divorced people made up a larger proportion of those without partners than did those who had never married. In the age group 65 years and over, being widowed was the most common marital status, particularly among women (79% of women and 48% of men). Living arrangements In the youngest age group, living with parents was the most common living arrangement for both men and women without partners (65% and 57% respectively), followed by living with other related and/or unrelated individuals (27% and 29%). At this age, 7% of those without partners lived alone, but in the age group 25-34 years just under 23% lived alone. The proportion living alone was higher in each subsequent age group, and was highest in those aged 65 years and over (71% for both men and women). A major difference between men and women without partners was that almost a quarter of the women were lone parents compared to 5% of the men. This difference was most apparent across the ten-year age groups in the range 25 to 54 years. Men without partners in this age range were correspondingly more likely than women without partners to be in other circumstances, such as living with parents, living alone, or living with other people.
Socio-economic status Men without partners tended to be less well off socio-economically than men with partners. After adjusting for their different age profiles, men without partners were less likely than those with partners to have a post-school qualification (44% and 52% respectively) and a bachelor degree (10% and 12% ) or to work in high skilled occupation (58% and 67%). They also had a lower labour force participation rate (68% and 77% respectively) and a higher unemployment rate (14% and 7%). Of those employed, a greater proportion of men without partners had a relatively low income (less than $200 per week) than men with partners, while a smaller proportion had a relatively high income (greater than $800 per week). Men without partners were also more likely to live in rented accommodation than those with partners (36% and 25%). On several indicators, women without partners appear better off than those with partners. For many indicators, the difference between women with and without partners was less marked than that between men with and without partners. Women without partners were more likely than women with partners to have a post-school qualification (38% compared to 36%) and a bachelor degree (12% and 10%). Compared to those with partners they also had a higher labour force participation (58% and 55%) and if employed they were more likely to be in the higher income group (greater than $800 per week) than those with partners and less likely to be in the lower income group (less than $200 per week). However, they were more likely to be unemployed (5% compared to 11%) and if employed, they were less likely than women with partners to be in high skilled jobs (51% and 54%). They were also much more likely to live in rented accommodation than women with partners (39% and 22%).
Birthplace After adjusting for their different age profiles, people born outside Australia were slightly less likely to be living without a partner than Australian-born people (34% and 37% respectively). Among broad regions, those born in the Middle East or North Africa had the lowest proportion of people without partners (30%). The proportions of those born in Europe and the former USSR (32%) and Southern Asia (33%) who were without partners were also somewhat lower than the proportion in the total overseas-born population. Proportions for people born in other regions ranged from 35% (Northern America) to 38% (South-East Asia). PEOPLE WITHOUT PARTNERS AS A PROPORTION OF POPULATION, BY BIRTHPLACE GROUP(a)
Health status In various population-based health surveys in the 1990s, people without partners scored worse on several measures of health status than did those with partners, after adjusting for differences in their age profiles. This was true of both men and women. For example, in the 1995 National Health Survey, people without partners were less likely to rate their own health positively than those with partners. However, the degree of difference was relatively small, because the majority of people tend to rate their own health positively. According to the 1998 Survey of Disability, Ageing and Carers, people without partners were more likely to have a disability (broadly defined to include diverse disabling conditions). They were also more likely to have a disability that caused a core activity restriction than those with partners. Further, the 1997 Survey of Mental Health and Well-being showed that the prevalence of mental illness was higher among people without partners than people with partners. This was true of the three broad types of mental illness covered: affective disorders (such as depression), anxiety disorders and substance use disorders. Out of these three types, the difference in prevalence between those with and without partners was highest for substance use disorder, for both men and women.